Estate of Worthington

Citations

• 6 Pa. Super. 484
• 1898 Pa. Super. LEXIS 185

Syllabus

<p>Practice, O. O. — Equity—Pleading—Effect of replication — Hearing on bill, answer and replication.</p> <p>Proceedings in the orphans’ court must have the substance oí equitable form ii not its technical nicety. The proper mode ol proceedings is by petition, answer and replication, in which the substantial requisites making out a case should appear. A replication in equity is the plaintiff’s answer or reply to defendant’s plea or answer. Ii it be a general denial .of the truth thereof, matter alleged in the answer must be proved. If it confines the denial to averring that the answer was untrue in certain particulars, but omits to deny or demand proof of material facts set out in the answer, an agreement that the case be disposed of on petition, answer and replication warrants the court in treating relevant facts averred in the answer and not denied in the replication as admitted.</p>